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Course Descriptions

Frequency of Course Offerings   The courses which follow have been taught in recent academic years. Not all courses are offered in each year. Although many similar courses are taught in subsequent years, the nature of the Law School curriculum allows significant variations in course titles and course content depending on the interest of the faculty members.

Note   For specific course offerings for the current year, please consult the Course Offering Directory (COD), School of Law. This COD, along with other current information about the Law School, may be found on-line.

LAW1 603 - (4)
Civil Procedure I

Basic problems of the civil adjudication process. Federal practice provides the focus.

LAW1 605 - (4)
Constitutional Law I

Introductory course in Constitutional Law, providing a functional analysis of the various parts of the Federal Constitution and an examination of the techniques the Supreme Court uses in dealing with them.

LAW1 606 - (4)
Contracts I

An examination of the legal obligations that attach to promises.

LAW1 609 - (3)
Criminal Law I

Exploration of the general principles of criminal liability. Modern statutory developments will provide a significant focus for study.

LAW1 620 - (2)
Legal Writing and Research

Research exercises and several written assignments are used to introduce students to legal research, legal reasoning, and the writing of legal memoranda and briefs.

LAW1 623 - (4)
Property

General introduction to property concepts and different types of property interests. Principal focus is real property interests. Surveys present and future estates in land, concurrent ownership, leasehold interests, conveyancing, various land use restrictions and eminent domain. Personal property issues are also considered.

LAW1 629 - (4)
Torts

A course in the law and theory pertaining to accidents and to injuries caused by wrongs that are often uncontrolled by contract, constitutional, or criminal law. Medical malpractice, pollution, and automobile accidents are thus three of the many subjects of tort law.

LAW3 602 - (4)
Administrative Law I

An introduction to the federal administrative process. Subsequent elective courses in the curriculum build upon this introduction, or provide intensive treatment of substantive regulation in specific areas, e.g., Labor Law, Securities Regulation, Communications Law, and Environmental Law. Examines the reasons for creating regulatory agencies and supposed constitutional constraints on Congress’ authority both to delegate lawmaking power, explores the limits of presidential power to control how delegated functions are performed by subordinate officers, the procedures by which regulatory agencies and administrative bodies operate, and examines judicial review of administrative action.

LAW3 602 - (3)
Administrative Law II

Examines the legal framework surrounding the operation of administrative agencies. Considers not only their legal authority (e.g., the delegation of power to the agencies from the legislature) but also their internal procedures and the judicial checks imposed on their operations. Emphasizes the interplay of legal doctrine and policies. That interplay is examined in the context of selected regimes of federal and state regulation, which are designed to illustrate the application of both procedural and substantive legal rules.

LAW3 603 - (3)
Admiralty

Examines the basic substantive and procedural doctrines in admiralty and compares them to analogous doctrines in other areas of law. Topics considered are: carriage of goods by sea, salvage, general average contribution, recovery for death or injury to seamen and longshoremen, maritime liens, subject-matter and personal jurisdiction, and the relationship between state and federal law.

LAW3 605 - (3)
Agency and Partnership

An introduction to liabilities arising from the actions of servants, agents and employees, the common law association, the not-for-profit corporation, the labor union, the partnership, the limited partnership, the limited liability corporation, and the business corporation. Introduces the basic tools necessary to help clients structure their affairs in a manner consistent with their personal and business aspirations, and in a manner that minimizes unwanted legal or tax liability.

LAW3 607 - (3)
AIDS and the Law

Examines the evolving legal response to the AIDS epidemic. Social and legal policies relating to AIDS require difficult judgments in risk assessment and risk management in light of continuing uncertainties about the disease and its transmission. These problems arise in a wide variety of legal contexts, ranging from immigration law to criminal law. Guest lecturers from the Medical School present the current scientific and clinical understanding of the disease. Explores a variety of unresolved or controversial legal issues, often using a problem format.

LAW3 610 - (3)
Appellate Courts

Prerequisite: Second or third-year students
A comprehensive study of appellate courts, state and federal, including the following: their role in the American legal order; their jurisdiction; their distinctive functions in relation to trial courts; the distinctive functions of the two appellate levels; and their structure, organization, personnel, and internal processes. A comparative examination is made of English and German appellate courts. Material is also included on the contemporary role of the appellate advocate and on ideas for future changes in appellate structure, organization, personnel, and processes. A major focus is on the changes that have taken place in American appellate courts in response to the extraordinary rise in the volume of appeals in the late 20th century.

LAW3 612 - (3)
Antitrust Law

Focuses on the Sherman and Clayton Antitrust Acts (other than the Robinson- Patman Act) and the principal Supreme Court opinions construing these statutes. Prepares a student to provide counsel or conduct litigation in the antitrust area; introduces the student to the history of the law’s efforts to identify those private arrangements or practices inconsistent with competition; and explores the relevance of economic analysis to these problems.

LAW3 614 - (2)
Children and the Legal System

Explores historical and constitutional development of the state’s relationship to families and children, and examines today’s juvenile justice system. Special attention is given to child abuse and neglect, foster care, and termination of parental rights. Complements the basic offering in Family Law with minimal overlap.

LAW3 615 - (3)
Children’s Health Care

This offering, a complement to the basic Law and Medicine course, explores legal, economic and policy issues associated with providing health care for children. In addition to existing programs such as Medicaid, new proposals for expanding access and coverage are analyzed. Topics include medical neglect and endangerment; providing for defective neonates; tensions between state, parent and child in medical decision making by and for minors; regionalization of intensive care; religious preference regarding specific treatment; and special problems of infants and maternal substance abuse.

LAW3 616 - (2)
Civil Procedure II

Builds on the required four credit Civil Procedure course. In a few instances, it provides elaboration of a topic, such as res judicata, covered in some detail in the basic course. Addresses topics that were either omitted entirely from the required course or were given only a brief prefatory treatment. Multiple claims is addressed; right to jury trial under the Seventh Amendment and party structure as revealed and governed by such devices as impleader, interpleader, intervention, required joinder, and class actions.

LAW3 618 - (3)
Civil Rights Litigation

Prerequisite: Constitutional Law I; Federal Courts is a desirable precursor but not required
Deals with the general subject of suits against states and state officers, as authorized by federal civil rights statutes. The course is limited to civil rights litigation under Reconstruction era civil rights statutes. The main focus is on civil rights litigation under 42 U.S.C. §1983, although consideration is given to§1981, 1982 and 1985(3)
.

LAW3 619 - (3)
Communications Law

Deals with regulation of electronic communications, principally FCC regulations. It covers major contemporary issues in telecommunications (competition among and control of telecommunication carriers—AT&T, MCI, Bell Operating Companies, etc.); mass media (regulation of broadcast and cable); new technologies/services (development of HDTV, personal communications systems, etc.).

LAW3 620 - (3)
Sales

Introduces students to the legal regulation of the commercial contracting process. Its primary focus is on the law of sales under Article 2 of the Uniform Commercial Code. Examines franchising and other relational contracts. Emphasizes both the business environments and the consumer relationships that arise in retail sales. An underlying theme of the course is whether the same legal framework can successfully accommodate both commercial and consumer concerns in areas as disparate as sales warranties, risk of loss, remedy limitations and excuse.

LAW3 621 - (3)
Secured Transactions

Deals primarily with the law that governs a common form of financing commercial sales—secured transactions under Article 9 of the Uniform Commercial Code. The course, however, necessarily explores alternative forms of financing (e.g., leasing, unsecured credit, sale of equity interests) in order to determine the relative advantages and disadvantages of secured credit. Considers the relationship between debtor and creditor to determine whether the law should assume that these parties have conflicting or common interests.

LAW3 622 - (3)
Payment Systems

Studies systems by which payment is made in commercial transactions. The primary focus is Article 3 (negotiable instruments such as promissory notes and checks) and Article 4 (rights and duties in check collection) under the Uniform Commercial Code. Also examines the federal regulations that have recently come to dominate much of this area of law.

LAW3 623 - (3)
Bankruptcy

Explores in detail some of the legal, theoretical, and practical issues concerning financially troubled debtors and their creditors. Emphasis on the provisions of the Federal Bankruptcy Code and on the impact that Code has on general nonbankruptcy law.

LAW3 626 - (3)
Non-Profit Organizations

A study of nonprofit firms and the nonprofit sector. Topics include a survey of the role of nonprofits, justifications for the nonprofit form, nonprofit statutes, the formation, operation and dissolution of nonprofits, and tax and tax policy issues related to nonprofits.

LAW3 627 - (3)
Complex Civil Litigation

Addresses the dramatic expansion of the role of civil litigation in our society in recent years, and the accompanying development of new and often innovative procedural mechanisms for coping with that expansion. The class action is emphasized, and other topics include discovery, judicial control of complex cases, trial, and preclusion. The course is particularly relevant to students interested in litigation concerning products liability, securities regulation, and civil rights.

LAW3 628 - (3)
Constitutional History II: From Reconstruction to Brown

Examines, from an historical perspective, constitutional developments from the enactment of the Civil War amendments to the Brown decision. While the subject matter overlaps that of the basic constitutional law course, its emphasis on the historical perspective, as well as its attempt to integrate social and political history with legal developments, should keep duplication to a minimum.

LAW3 629 - (3)
Comparative Constitutional Law: Contemporary Developments

Prerequisite: Constitutional Law. Fall course in Constitutionalism: History and Jurisprudence is useful but not required.
Examines the writing of new constitutions and other steps taken toward constitutional democracy. Focuses on new constitutional developments, seeking to set new constitutions and other fundamental institutions in the context of the norms and precedents found in the established democracies and in regional and international documents. Considers from a comparative perspective, important issues such as the drafting of bills of rights, restraints on executive power, and judicial review. Emphasizes case studies of developments in specific countries, such as Poland, Hungary, Czechoslovakia, South Africa and others.

LAW3 631 - (3)
Constitutional Law II: Church and State

Examines the two constitutional clauses which define religious freedom—the one barring an establishment of religion, the other protecting free exercise of religion. The interaction of these two provisions takes place in many contexts, from public school classrooms and assemblies to government support of private schools, to religious symbols (such as nativity scenes) on public property. Tensions also arise in such varied settings as prisons, public health programs and the licensing of motor vehicle drivers, among others which have recently been before the courts. The accommodation of two very durable constitutional safeguards is the central theme of this course.

LAW3 632 - (3)
Constitutional Law II: Constitutional Freedoms

Explores the freedoms guaranteed by the First Amendment, rights such as those of privacy and association, and other constitutional guarantees of liberty.

LAW3 633 - (3)
Constitutional Law II: First Amendment

Offers a comprehensive view of the First Amendment’s provisions during the bicentennial of the Bill of Rights. Major attention is given to the guarantees of free expression—freedom of speech, of the press and of association. The other focus of the First Amendment is religious liberty. The course explores the two constitutional clauses—one barring an establishment of religion and the other ensuring freedom of worship and religious belief. Accommodation of the two religious freedom clauses has never been easy, and forms a central theme of this course.

LAW3 634 - (3)
Constitutional Law II: Freedom of Speech

Offers an intensive study of the freedoms of expression protected by the First Amendment of the U.S. Constitution. Historical antecedents receive early attention, followed by the evolution of the doctrine of clear and present danger, and the tension between national security and free speech. Each of the major exceptions to free speech—defamation, obscenity, child pornography—is examined in turn, as are the several contexts in which speech is less than fully protected.

LAW3 634 - (3)
Constitutional Law II: Speech and Press

Prerequisite: Constitutional Law I
This elective sequel to the required introductory course focuses significantly on First Amendment doctrine in theory, including free speech, freedom of the press, and religion. In addition, attention is given to current debates about constitutional interpretation including the “original intent” doctrine, the “imperial judiciary,” and the role of extratextual sources in constitutional adjudication.

LAW3 635 - (3)
Constitutional Law II: Equal Protection

Examines equal protection law from both a doctrinal and a theoretical perspective. By reading cases, along with a good deal of theory, aims both to understand fairly thoroughly one area of constitutional law and to explore the relationship between legal and social values.

LAW3 636 - (3)
Contracts II: Sales

Examines Article II of the Uniform Commercial Code, which supplies the legal rules governing sales of goods. Covers certain advanced topics in contract law, including conditions and third-party beneficiary contracts.

LAW3 637 - (3)
Constitutionalism: History and Jurisprudence

Developments in Eastern Europe, Southern Africa, and elsewhere have brought heightened interest in the modes of constitution-making and constitutional thought. Indeed, the events of the late 1980s and early 1990s invite comparison to the 1770s and 1780s in Europe and America and to the revolutionary era of 1848 in Europe. Focuses on various ways of thinking about constitutions and constitutionalism.

LAW3 639 - (3)
Corporate Tax

Prerequisite: Federal Income Tax I; corequisites: Corporations or Corporate Governance and Finance
Deals with the problems and considerations involved in the formation, operation, reorganization, and liquidation of corporations. It analyzes the relevant sections of the Internal Revenue Code and explores alternative directions that the law might have taken. From policy and practical perspectives the course examines the tensions between large and small businesses, corporations and individuals, managers and shareholders, profitable and unprofitable enterprises, and tax avoiders and the government.

LAW3 640 - (4)
Corporate Finance

Prerequisite: Corporations or Corporate Governance and Finance I
Introduces the connection between corporate finance theory and the legal rules that govern corporations. The initial focus is on valuation and the contractual relationships between and among common and preferred equity investors, low- and high-priority creditors, and corporate managers. Discusses how contractual relationships divide a firm’s value. Focus then shifts to statutes and cases from corporate, securities, and bankruptcy laws.

LAW3 641 - (4)
Corporations

Deals with the formation and operation of corporations and other business forms. It examines the roles and duties of those who control businesses and the power of investors to influence and litigate against those in control. Dwells on the special problems of closely held corporations and on issues arising out of mergers and attempts to acquire firms. The course uses both new tools derived from the corporate finance and related literature and traditional tools to explore a wide range of phenomena and transactions associated with the modern business enterprise.

LAW3 642 - (3)
Criminal Adjudication

Looks at the way the judicial system handles criminal cases. Topics include bail and preventive detention, the right to counsel (and the concomitant right to “effective assistance” of counsel), prosecutorial discretion and plea bargaining, discovery, the right to jury trial, and double jeopardy. Time permitting, explores sentencing, comparing traditional discretionary systems with mandatory guidelines-based systems. Can be taken before, after, or instead of Criminal Investigation.

LAW3 644 - (3)
Criminal Investigation

Examines the constitutional doctrines that surround and control the investigation of crime. The primary topics are the law of searches and seizures, police interrogation, and the fifth amendment privilege against self-incrimination. In each instance, the aim is to cover the basic doctrine, to explore underlying themes, and to construct workable theories that make sense of the existing legal framework.

LAW3 645 - (3)
Capital Crimes and Dangerous Criminals

A course in advanced criminal law. Addresses topics in substantive criminal law not covered elsewhere in the curriculum, with particular emphasis on capital punishment and incapacitation of dangerous sex offenders.

LAW3 646 - (3)
Employment Law

In contrast to the traditional labor law course, which focuses on collective bargaining, this course offers students an introduction to the diverse body of law that governs the individual employment relationship. Topics include: wrongful discharge, unemployment insurance the Fair Labor Standards Act, ERISA, workers’ compensation, and OSHA.

LAW3 647 - (3)
Employment Discrimination

Focuses on the principal federal statutes prohibiting discrimination in employment on the basis of race or sex: Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1966, the Age Discrimination in Employment Act, and the Equal Pay Act. Also examines the federal constitutional law of racial and sexual discrimination, primarily as it effects judicial interpretation of the preceding statutes.

LAW3 648 - (3)
Copyright Law

Explores the fascinating world of legal protection for intellectual, artistic and literary property. Major emphasis is on the Copyright Act of 1976, and the body of case law interpreting that Act and its predecessors. Such issues as the nature of copyright, the requirements of notice and publication, remedies for infringement, and the doctrine of fair use are explored in depth. The complex relationship between federal and state protection for intellectual property also deserves attention. Analogous sources of protection such as moral right are explored and the international status of copyright law under the Berne Convention.

LAW3 650 - (3)
Contemporary Political Theory

Traditional political philosophy asks whether political coercion is morally justified. The latter half of the twentieth century has seen the rebirth of the contractarian answer to this question. Course begins by presenting the general contractarian framework underlying contemporary game-theoretic versions of Hobbes’ Leviathan. It then focuses on John Rawls’ A Theory of Justice. Rawls presents a contractarian defense of liberalism which has defined the agenda for contemporary political theory. After discussing Rawls, libertarian, communitarian, and feminist reactions to liberalism are considered. The final section of the class examines political issues in legal education and the critical race theory debate.

LAW3 651 - (3)
Environmental Law

Prerequisite: Administrative Law recommended
Provides an overview of the Federal statutory and regulatory standards governing environmental quality. It is largely a course on the law of pollution control, with a focus on air and water pollution, toxic substances and hazardous waste. The course proceeds through careful and extensive examination of the scope of Federal statutes governing these forms of pollution. Emphasizes the relation between Congress, the courts, the Environmental Protection Agency and the states in fashioning strategies for protecting the environment.

LAW3 653 - (3)
Evidence

A working knowledge of the law of evidence is critical to the functioning of any practicing lawyer. The law of evidence is more than a set of rules to be assimilated, it is a dynamic which is inseparable from the context in which evidentiary questions arise. The course covers questions of relevance, hearsay, privilege and expert testimony, among others, and it focuses largely on problems arising in concrete factual settings, as opposed to traditional case analysis. Major emphasis placed on the Federal Rules of Evidence.

LAW3 654 - (3)
Critical Race Theory

Focuses on race as a social construct and the failure of liberalism and its progeny, integrationism, to achieve meaningful racial progress in American society. Focuses on the methodology, narrative and voice, used to express the concerns of people of color. In addition, Critical Race Theory is compared to the other critical theories, Critical Feminist and Critical Legal, to illuminate its salient characteristics.

LAW3 655 - (3)
Family Law

Focuses on legal problems of marriage, marital breakdown, and establishment of nonmarital relationships. Substantial coverage is devoted to antenuptial agreements, divorce jurisdiction and grounds, economic aspects of marriage dissolution (including equitable division of property by courts as well as private ordering through contracts), establishing parenthood, child support, child custody, and adoption.

LAW3 657 - (4)
Federal Courts

Prerequisite: Constitutional Law
Focuses on federal-state judicial relations. Topics include the jurisdiction of the federal courts; the choice of federal or state law; Supreme Court review of state court decisions and federal habeas corpus; and various doctrines of justiciability and abstention.

LAW3 660 - (3)
Federal Criminal Law

Deals with various issues related to the role of the federal government in defining and prosecuting crimes. Topics include the jurisdiction of the federal government over crimes; constitutional (federalism) limits on the prosecution of crimes by the federal government; modern principles of interpretation of federal criminal statutes developed by the Supreme Court; an exploration of several illustrative federal criminal statutes; a careful examination of the civil and criminal RICO statutes; and the federal sentencing guidelines.

LAW3 661 - (3)
Federal Income Tax of Trusts and Estates

Prerequisite or corequisite: Federal Income Tax I
A study of the federal income taxation of trusts, estates, grantors and beneficiaries. The concept of “conduit taxation” will be developed and an examination of the ways in which income taxation of individuals differs from that of trusts and estates is undertaken.

LAW3 662 - (3)
Federal Estate and Gift Tax

Prerequisite or corequisite: Federal Income Tax
A study of the taxation of gratuitous transfers made during life and at death. The federal taxes on estates, gifts and generation-skipping transfers are examined separately, and as they interrelate with each other, by drawing together legislation (including policy and philosophical underpinnings), the basic administrative interpretations, and judicial decisions.

LAW3 663 - (4)
Federal Income Tax I

An introduction to federal taxation in general, and income tax in particular. It concentrates on the provisions that apply to all taxpayers, with particular concern for the taxation of individuals. Provides grounding in such fundamental areas as the concept of income, income exclusions and exemptions, nonbusiness deductions, deductions for business expenses, basic tax accounting, assignment of income and capital gains and losses. Processes for creating law and determining liability in the tax area, the role of the Treasury and the taxpayer in the making of tax law and formulation of policy, and the significance of the income tax in government and business.

LAW3 665 - (2)
Feminist Jurisprudence

Considers ways in which law and legal theory may effect the realization of the equality of the sexes and the rights of women. Emphasizes the relationships between theory and practice and between the “norm” and the “exception.”

LAW3 668 - (3)
Food and Drug Law

Considers the Food and Drug Administration as a case study of an administrative agency that must combine law and science to regulate activities effecting public health and safety. The reading and class discussion covers issues such as regulation of carcinogenic substances in foods and color additives, the use of risk-assessment techniques in regulatory decision making, the economic effects of FDA drug approval requirements on research and competition in the pharmaceutical industry. Regulation of new or experimental technology and the ethics of drug testing.

LAW3 669 - (3)
Health Care Regulations

A basic course in the legal regulation of the health care industry. Among the topics covered are the structure of health care providers, licensing, assurance of quality care, cost containment, and the allocation of scarce medical resources.

LAW3 670 - (3)
Immigration Law

Prerequisite: Administrative Law is recommended
Introduction to the complex substantive provisions of U.S. immigration laws and the procedures used to decide specific immigration-related issues. But the course is not meant only as a technical study for those expecting to practice in the field. Considerable attention is given to underlying constitutional issues, to selected questions of international law and politics, and to the interaction of Congress, the courts, and administrative agencies in dealing with major public policy issues, such as treatment of undocumented aliens and U.S. refugee and asylum policy.

LAW3 671 - (3)
Health Law

Examines legal solutions to the challenges of health care policy. Considers the roles of public and private institutions in providing the right level of access to health care, in the most cost efficient manner, while maintaining quality control over the product delivered. Begins by looking at the sources of law that create individuals’ claims against the state and private entities for medical care. The contours of this societal obligation informs discussion of how to finance health care—which is the central concern of this course. The role of competition within the health care industry is examined focusing on the role of private insurance and the changing level antitrust scrutiny directed toward the industry. Closely analyzes the managed competition model, making use of public choice theory to examine proposed legislative solutions.

LAW3 672 - (3)
Insurance

Insurance is an increasingly important tool for the management of risk by both private and public enterprises. This course provides a working knowledge of basic insurance law governing insurance contract formation, insurance regulation, property, life, health, disability, and liability insurance, and claims processes. Emphasizes the link between traditional insurance law doctrine and modern ideas about the functions of private law.

LAW3 674 - (3)
International Aspects of United States Income Taxation

Prerequisite: Federal Income Tax I
Covers the rules contained in the Internal Revenue Code for the taxation of 1) foreign income earned by U.S. persons and entities, and 2) U.S. income earned by foreign persons and entities. Special attention is paid to the political and economic forces underlying the evolution of these rules. Students are required to purchase a current version of CCH’s Taxation of Transnational Transactions: Internal Revenue Code and Income Tax Regulations Selected Sections, and a casebook.

LAW3 675 - (3)
International Business Transactions

Addresses the domestic and international law transnational commercial transactions and relationships. Topics include the law of international goods transactions (documentary sales, letters of credit, bills of lading, etc.), technology licensing and the international treatment of intellectual property, international investment, dispute resolution, the GATT, “unfair trade” laws including antidumping, countervailing duty, and “Section 301” actions, export controls, etc.

LAW3 677 - (3)
International Human Rights Law

This problem-oriented course is designed for persons seeking a general understanding of the subject and for persons wishing to acquire specific skills for personal involvement in the promotion of International Human Rights, whether in government service or in private practice. Includes consideration of: substantive international human rights norms, especially civil and political rights; the role of such norms in international and domestic law; forums—international, regional and domestic—available for adjudicating or promoting the observance of human rights standards; the procedural rules that govern in those forums; the methods by which the decisions of these forums are made and enforced; and problems of including international human rights concerns as an integral element of a nation’s foreign policy.

LAW3 678 - (3)
International Law

The basic offering in the international legal studies area. Explores in survey fashion a wide range of problems arising in private and governmental practice that are effected by international law provisions and principles. Topics include the sources and subjects of international law; the relation of international law, the relation of international law to national law, the peaceful settlement of international disputes, international agreements, jurisdiction and immunities from jurisdiction, the use of force, the responsibility of states for injuries to aliens, and the individual’s role in international law, including international human rights law.

LAW3 679 - (3)
Employment Law: Principles and Practice

The dominant source of legal rights for employees in the 1990s is a disorderly body of federal and state statutes and common law doctrines often called “employment law.” Ranging from Title VII to defamation law, from ERISA to workers’ compensation, from the ADA to the law of employee handbooks, employment law encompasses a vast body of law regulating the nonunion employment relationship. Examines employment law doctrine and theory from a practical perspective. Problems drawn from litigated cases and counseling practice illustrates how attorneys use these doctrinal rules and theoretical principles to control the legal consequences of their clients’ employment relationships.

LAW3 682 - (3)
Judicial Role in American History

A survey of leading American Supreme Court judges from Marshall through the Burger Court. The course primarily consists of lectures and readings, with some discussion of topics announced in advance.

LAW3 683 - (2)
Jurisprudence

Focuses on selected issues mostly within what is broadly termed analytical and normative jurisprudence. Treatment ranges from traditional topics such as the nature of law, legal systems, and legal rights, to the role of moral theory in private law and legal justification. Recent contributions to such topics (e.g., legal pragmatism) are considered and assessed.

LAW3 684 - (3)
Labor Law I

Examines the legal rules governing the relations between workers, managers, unions, and firms. Topics include the right to join and refuse to join unions, the power of managers over workers, and the weapons available to unions to confront employer power. Introduces laws regulating substantive employment terms—Title VII, employment at will, and ERISA.

LAW3 687 - (3)
Law and Economics

Introduction to the economic analysis of legal rules and institutions. Develops facility in the use of economic reasoning in analyzing legal doctrine. Establishes a broader and more systematic understanding of the interrelationships among legal subject areas from an economic perspective. Explores the strengths and limitations of the law-and-economics approach. Focuses on the common law areas of property, contracts, and torts, as well as law enforcement and procedure.

LAW3 688 - (3)
Law and Medicine

Focuses on issues of professional liability, harvesting and donation of organs for transplantation, defining death, care of terminally ill patients, public health regulation, and integration of modern technology into clinical practice. The role of such regulatory mechanisms as licensure, peer review procedures, and hospital committees are examined in these contexts, along with the implications of new measures aimed at cost containment.

LAW3 692 - (3)
Law and Political Participation

Considers legal regulation of the right to vote and otherwise to participate in the political process. Begins with an overview of restrictions on the franchise—residency requirements, discrimination on the basis of sex and race, and registration practice. The bulk of the course considers constitutional and statutory constraints on apportionment and districting—one person, one vote, political and racial gerrymandering, and the role of the Voting Rights Act.

LAW3 697 - (3)
Legal History

A broad survey course in the history of American law, ranging from the Articles of Confederation period through Reconstruction. Emphasizes constitutional history, although overlap with the basic constitutional law course is minimal. Constitutional topics covered include the framing and ratification of the Constitution, the Alien and Sedition Acts, the early contracts clause decisions of the Marshall Court, the constitutional ramifications of slavery, and constitutional issues raised by the Civil War and Reconstruction.

LAW3 698 - (3)
Contemporary Legal Theory

Considers several of the main strands of legal theory in the last 30 years. Topics: feminism, critical legal studies, law and economics, public choice, critical race theory, narrative legal theory, legal hermeneutics, constitutional theory, law and literature, and the republican revival in legal thought.

LAW3 699 - (3)
Legal Theory in the Modern Welfare State

A seminar on the changing role of law and government in modern societies (including Britain and Western Europe) with special reference to the problem of poverty and welfare policies established to deal with it.

LAW4 600 (3)
Poverty Law and Welfare Law

This lecture and discussion course examines issues of law and policy surrounding federal income security and poverty programs such as Supplemental Security Income, Aid for Families with Dependent Children, Food Stamps, and Social Security. Topics include: the sources of poverty, definitions of poverty and determination of the federal poverty line, “the right to welfare,” issues of statutory and constitutional interpretation in applying the federal benefits statutes, and the role of the courts and the agencies in the administration of welfare programs. Course also considers federal welfare policy and a critical examination of various proposals for welfare and entitlement reform across the political spectrum.

LAW4 601- (3)
Legislation

Focusing on the Federal level, this course examines topics such as legislative drafting, statutory interpretation, and the role of Congress in the separation of powers, federalism, and other constitutional issues. Also explores process issues important to the contemporary reality of legislation, such as: reasons for the increased variety of statutes; campaign finance; the role of interest groups; the growing use of the Congressional investigative power; and the often-convoluted way that bills become law. Studies these and other issues from a legal standpoint, from the perspective of economic and political theory, and based on practical examples of actual legislation.

LAW4 602 - (3)
Local Government Law

Examines the law regarding provision of public goods and services at the local level. Explores the way in which local government law addresses the issues of what services a local government should provide, which residents should receive those services, who should pay for the services provided, who should provide the answers to the previous questions. Identifies the social institution that is best equipped to allocate a particular social resource. Explores the relationship among federal, state, and local governments, with particular emphasis on judicial analysis of the constitutional and statutory basis of those relationships.

LAW4 603 - (3)
Mass Media Law

Prerequisite: Constitutional Law I
A survey of the constitutional implications of mass media enterprises, including newspapers, radio, and television. Attention to First Amendment issues, but there is some discussion of the regulatory economics of the broadcasting and newspaper industries.

LAW4 606 - (3)
Modern Methods of Proof

Modern litigation increasingly resorts to sophisticated methods of proof, usually involving the use of “experts” from fields such as accountancy, economics, engineering, medicine and statistics. Using practical examples from business, tort, and discrimination cases, this course provides a lawyer’s guide to understanding, using and attacking expert evidence both at trial and at the discovery stage. It also deals with the ancillary topics such as the generation and presentation of complex evidence.

LAW4 608 - (3)
National Security Law

Introduction to the national and international law of conflict management and security. Issues include: the standards for distinguishing permissible coercion; the institutions and procedures for collective security and community management of conflict; the laws of war for regulating the conduct of hostilities; the rules and structures for the control of armaments; the standards and procedures for fixing criminal responsibility for the commission of crimes against peace, war crimes or crimes against humanity; laws concerning intelligence and counterintelligence, the structure and constitutional aspects of the U.S. system for authorizing the use of the armed forces abroad; national laws concerning arms transfers and military assistance, security aspects of trade and technology transfer, and strategic and critical material programs. Also examines individual conflicts and explores measures for the control of terrorism.

LAW4 609 - (3)
Indian Law

Prerequisite: Constitutional Law strongly recommended
Federal law has always accorded special, though not always supportive, treatment to native Americans and acknowledged the limited autonomy of native American governmental structures. The U.S. Code is full of provisions that recognize this special status and of laws that display a recognition of the national government’s responsibilities to native Americans. The U.S. Supreme Court each term usually decides at least one case involving native Americans. This course explores this unusual body of law surrounding and protecting the status of native Americans. A menage of Federal Courts, Constitutional Law, environmental regulation (and its limits), and international law.

LAW4 610 - (3)
Oceans Law and Policy

Introduction to oceans law and policy. Consideration is given to the national decision process for the making of U.S. oceans policy and to the full range of major oceans issues. Consideration is also given to strategies for achieving oceans goals in the present international system. Recent Executive Branch and Congressional actions including the “200-mile economic zone proclamation,” the deep seabed minerals act and the extension of territorial sea to 12 miles, as well as the basic structure of “domestic oceans law,” are also examined.

LAW4 612 - (3)
Regulating the Family, Sex, and Gender

Considers how we police the practices of family, sex, and gender and why we regulate them the way we do. Discusses social theory, legal theory, feminist theory, gay and lesbian theory, and others. Issues relating to sex discrimination, reproductive rights, gay and lesbian rights, and traditional family law are covered. Examines to what extent the legal regime views sex, gender, and the family as interdependent social institutions and how it approaches them together.

LAW4 614 - (3)
Separation of Powers

Prerequisite: Constitutional Law I
Considers a variety of issues involved in the application of law to the President’s functions. Many such issues present questions of constitutional law and fall under the general rubric of separation of powers or checks and balances. Examines the reach of powers vested by the Constitution in other branches of government. Other issues primarily involve questions of statutory construction or public administration. Reviews such processes as law enforcement, program administration, budgeting and accounting, executive branch secrecy, the shaping and implementation of foreign policy, and the war powers. Considers the major judicial decisions on the subject, but one objective is to derive an appreciation for how few of these questions have been litigated and thus governed by clear judicial guidance.

LAW4 615 - (2)
Professional Responsibility

Examines selected areas of professional responsibility, including the creation and termination of the attorney-client relationship, the scope of attorney authority, fee arrangements, and issues of surrounding conflicting interests, preservation of confidences and secrets, and zealous representation of clients. Addresses the attorney’s relationships with the courts, the organized bar, and with individuals unable to afford legal representation.

LAW4 616 - (2)
Property II

Prerequisite: Four credits of Property; not open to students who have had more than four credits of Property
Introduction to the basic components of real estate transactions (conveyancing) with emphasis on contracts of sale, deeds, title assurance and real estate finance (including mortgages). Focuses on the residential real estate transaction, e.g., the broker’s role in the transaction, although certain commercial financial devices, e.g., the ground lease, are discussed.

LAW4 617 - (3)
Real Estate Finance

Prerequisite: Federal Income Tax I; additional courses in Finance and/or Tax are helpful, but not required
Deals with financing techniques used in acquiring and developing long-lived assets, primarily real estate. Focuses on techniques for evaluating investment in assets which generate long term income flows. The use of financing techniques to create financial and tax leverage are studied. Financial structures used to invest in real estate, principally limited partnerships are examined. Attention is paid to the tax rules for making beneficial tax allocations through partnerships. Examines problems in debt structures and relationships between creditors and investors; protection of equity investors in troubled projects; defaults and workouts; problems in lender liability; bankruptcy; specific topics, including tax issues involving foreign investors or tax exempt entities, real estate investment trusts, rehabilitation credits and environmental problems.

LAW4 618 - (3)
Protection of Employment Benefits and Pensions (ERISA)

Prerequisite or corequisite: Federal Income Tax I
Examines the regulatory policies and statutory rules which govern employee pensions and welfare benefits, now represented by a comprehensive statute, ERISA, and correlative tax provisions. Substantial attention is paid to the federal tax rules which apply to accumulations in private plans, contributions and payment of benefits. This is not predominantly a tax course, and emphasizes the labor provisions of ERISA in relation to the growing amount of litigation involving employee benefits. The Social Security system is examined for comparative purposes.

LAW4 619 - (2)
Refugee Law

Provides an opportunity to learn the basics of refugee law and to explore selected advanced topics, such as theory and philosophy of refugee protection, comparative refugee law and procedure, other forms of protection for migrants not deemed refugees, the role of the Office of the UN High Commissioner for Refugees, regional and universal treaties concerning refugees, customary international law, and the principle of nonrefoulement.

LAW4 620 - (3)
Remedies

Samples legal and equitable actions courts take for litigants who have been wronged or who are about to suffer wrong. Assumes that the defendant’s actual (or threatened) conduct is illegal and asks what a court can do about that conduct. topics: paying for harm, preventing harm, and enforcing the judgment. Public law cases are emphasized and issues of contemporary significance are highlighted. Material often treated in basic courses (e.g., contracts, torts) is avoided. For those interested in civil litigation, this course provides a helpful new perspective which complements many other procedural and substantive offerings.

LAW4 621 - (2)
Roman Law

Concentrates on selected areas in the Roman law of property, contracts, and torts to demonstrate two basic aspects: the characteristics of “classical” Roman legal thought, and the continuing influence of Roman law in modern civil law systems. Roman case law is studied with the help of English translations and compared with legal reasoning and solutions in contemporary European law.

LAW4 622 - (3)
Social Science in Law

Deals with the uses of social science by practitioners and courts. The roots of social science in legal realism are considered, and the basic components of social science methodology are introduced. Both applications in the criminal context (e.g., desegregation, trademarks, custody) are considered. Psychology and sociology are the social sciences emphasized.

LAW4 623 - (3)
Securities Regulation

Prerequisites: Corporations or Corporate Governance and Finance; some familiarity with Rule 10(b)(5), Supreme Court decisions such as Ernst & Ernst v. Hochfelder, and sections 14 (proxies) and 16 (short-swing profits) of the Securities Exchange Act of 1934
Covers three separate aspects of the regulation of the Securities and Exchange Commission. First, the regulation of the process of issuing securities. Second, the regulation of issuers of securities. And third, the regulation of the securities industry. Prepares students to counsel business enterprises about the procedures required for raising capital other than from banks, and to represent those businesses in such transactions, the fundamental knowledge necessary for beginning practice in the securities area representing underwriters, brokerage houses, brokers or the Securities and Exchange Commission. Familiarizes students with the principal institutions and trading practices of American capital markets. Provides the framework for assessing the history, effects and likely evolution of this regulation. Develops a student’s ability to make sense of their own out of arcane, obscure and confused federal statutory and regulatory material.

LAW4 624 - (3)
Sex Discrimination

Explores discrimination on the basis of gender, sexual identity, and sexual preference. Topics include discrimination in education and employment, sexual harassment, reproductive rights, regulation of sexual behavior, rape and pornography. Constitutional and statutory sources are examined. Recent theoretical writings on sex discrimination are included.

LAW4 627 - (3)
Sports Law

Examines the legal problems arising in professional and amateur athletics. The dominant legal doctrines are those of labor, antitrust, and contracts.

LAW4 629 - (3)
Torts II

Prerequisite: Torts I
Examines some tort doctrines not covered in Torts I (for example, vicarious liability). Examines in detail the trial of a personal injury case from pleadings, claim investigation, discovery, trial, and through appeal, examining both matters of legal doctrine and litigation strategy. Further examines the practical operation and theory of tort liability generally, along with both relatively limited and more radical proposals for reform, including no-fault and other types.

LAW4 630 - (3)
Trusts and Estates I

Prerequisite: Property
Covers intestate succession; the execution, revocation, republication and revival of wills and codicils; probate procedure and grounds for contest of wills; basic material on interrelating testamentary and inter vivos transactions, including contracts to make wills; the effect of change on dispositive descriptions and limitations in wills, including problems pertaining to common law lapse and the anti-lapse statutes. Although trusts are briefly considered, focus in equity is on the use of equitable future interests in estate planning. Relevant estate tax aspects are briefly considered but the course is not a substitute for courses in Estate and Gift Taxation or the Income Taxation of Trusts and Estates.

LAW4 631 - (3)
Intellectual Property II (Copyright and Patent)

Introduction to the copyright and patent statutes and the preemptive effect of those statutes on other doctrines which protect rights in intellectual, artistic and industrial property. Topics include copyright ability, copyright infringement, fair use of copyrighted works, patentability, the scope of patent rights, remedies for both copyright and patent infringement, and preemption. Consideration of issues such as the protection of computer programs, the fruits of biotechnology, databases, marketing plans, ideas, sporting events, and living animals such as the “Harvard Mouse”; and the legality of videotaping or photo-copying copyrighted material including television programs and books, and of using copyrighted words in news stories or scholarly articles.

LAW4 632 - (3)
Virginia Procedure

Organized and presented primarily for students who intend to practice law in Virginia. Since the course deals with the procedure of one jurisdiction, there is considerable practical depth in the study of the workings of litigation in Virginia. The course includes a study of the Virginia judicial system and problems of jurisdiction and venue within that system; pleading and practice both at law and in equity, involving a study of the Rules of Court and the procedural statutes as well as the applicable case law.

LAW4 633 - (3)
Real Estate Finance: Principles and Practice

Prerequisite: Federal Income Tax
Course explores financing techniques used in acquiring and developing long-lived assets, primarily rental real estate including use of techniques for determining present value of investment in assets which generate long-term income flows. Spreadsheet analysis is emphasized. Analysis and discussion of how the capitalized value of the project is divided among different kinds of interests, including traditional debt, leases, and various interests in preferred returns, tax elements, and residual value. The financial structures or vehicles used to invest in real estate, principally limited partnerships and LLCs are examined. Explores public investment in real estate, real estate investment trusts and other types of publicly sold investment conduits.

LAW4 634 - (3)
Intellectual Property I (Unfair Competition)

Examines the law of business torts, common law and statutory unfair competition, trade secrecy, and trademark law. Provides an introduction to those areas of law that govern the competitive behavior of firms other than antitrust, public utility regulation, and copyright and patent law. A central theme of the course is the extent to which the law protects firm-specific information and customer relationships from appropriations by competitors.

LAW4 635 - (3)
Trusts and Estates II

Prerequisite: Trusts and Estates I
Problems in construing and drafting wills and trusts, including powers of appointment, the handling of conditions to vesting of interests, the Rule Against Perpetuities and statutory variants and problems relating to the powers and duties of executors, and administration of estates. Some material is covered on the Generation-Skipping Transfer Tax and income taxation of trusts, and estates.

LAW4 636 - (3)
Partnership Tax

Examines the basic principles in the application of the federal income tax to partnerships and their partners. Attention paid to the accounting operations required in determining tax effects of partnership level transactions in general and limited partnerships on the partners. Course material is technical in nature, but operation of the rules are related to and explained by the underlying tax theory, and the technical rules and tax theory are applied to tax and business planning. Primary focus is the allocation of tax attributes to and among partners. Although the real estate partnership is paradigmatic in the partnership area, problems of partners in other areas are discussed.

LAW4 639 - (3)
Administrative/Environmental Law: Principles and Practice

Prerequisite: Administrative Law
Provides students who have completed the basic course in Administrative Law with an opportunity to apply their understanding of the principles learned in that course to actual regulatory disputes. This work consists, at least, of the preparation of a petition to initiate agency action; the drafting of comments on a notice of proposed rulemaking; and the preparation of a complaint and supporting memorandum for a suit challenging an agency decision. It may also include a moot court-style oral argument component. The problems are chosen from the actual recent caseload of federal agencies, including EPA and FDA.

LAW4 640 - (4)
Civil Litigation Principles and Practice: Motions and Appeals

Prerequisite: Completion of both semesters of first-year legal writing. Prior completion of evidence is desirable, but not required
Deals with the substantive law of the major motions in civil litigation practice today as well as advanced topics in oral and written advocacy arising from the prosecution and defense of such motions. Covers a range of topics in appellate advocacy, emphasizing the structuring of persuasive appellate briefs and practical approaches to the challenges of oral argument in time-limited, crowded courts.

LAW4 644 - (3)
Complex Insurance Litigation: Principles and Practice

Prerequisite: Insurance, or permission of instructor
Examines the way in which insurance law doctrine and theory interact with the actual practice of insurance law in complex insurance litigation. Features of litigated insurance coverage disputes regarding asbestos, hazardous waste, breast implants, and other major liabilities are used as the basis for simulated student exercises and class discussion.

LAW5 601 - (3)
Advanced Topics in National Security Law and Policy Seminar

Prerequisite: National Security Law, International Law, or permission of instructor
Focuses in depth on legal and policy issues surrounding the conflict in Indochina (1964-75). Uses the conflict as a microcosm to examine the legal regulation of the initiation of coercion and the conduct of military operations as well as issues of U.S. constitutional law such as the role of Congress in the use of military force and the 1973 War Powers Resolution.

LAW5 602 - (3)
American Legal History

Considers aspects of American legal development between 1865 and 1965. Reading and discussion focus on civil rights, labor law, and corporations, with special attention to changing structures of governmental intervention and legal thought. Topics chosen for individual research must be related to the seminar’s principal themes (legal theory and the changing structure of legal order) but need not focus on the topics explored as a group.

LAW5 603 - (3)
Antitrust and Intellectual Property

Involves the interplay of fundamental antitrust and intellectual property concepts in light of changing competitive, political and economic perspectives on these matters. Particular emphasis is placed on the patent-antitrust interface; attention is also given to trade secrets, copyrights and trademarks where relevant. Introduces some of the basic precepts of patent and other intellectual property laws, and considers a variety of currently debated issues from the standpoints of litigation, counseling and policy-making.

LAW5 605 - (3)
Antitrust Practice in a Global Economy

A study of antitrust and trade regulation law as encountered by practicing lawyers, both in litigation and in counseling. The seminar is team taught to enable a diverse antitrust practice to be explored, and covers problems involved in private antitrust lawsuits, and in dealing with government antitrust proceedings, including mergers. There is emphasis on advising clients on distribution, pricing and other aspects of their day-to-day decisions.

LAW5 608 - (3)
Advanced Criminal Law

Prerequisite: Criminal Law
Explores the interplay between new concepts in substantive and procedural criminal law and traditional doctrines. The last two decades have seen a dramatic change in federal criminal law, with the power of prosecutors growing far beyond the boundaries formerly thought to be imposed by the Constitution, by statute, and by common law. Using case law and legislative materials, as well as real world scenarios such as pre-trial restraints, indictments, forfeitures, and parallel civil actions, the course examines the relationship between new devices and old concepts.

LAW5 609 - (3)
Advanced Business Reorganization

Prerequisite: Commercial Law III (Bankruptcy or Debtor-Creditor Relations); Secured Transactions is recommended but not required
Focuses on current legal issues inherent in cases filed under Chapter 11 of the Bankruptcy Code. Coverage includes possible dismissal for bad faith filing, enforceability of pre-bankruptcy agreements, economic and non-economic forms of adequate protection, issues of cash collateral and property of the estate including absolute and collateral assignments of rents and profits, relief from the automatic stay, post-petition debtor-in-possession financing, emergency sales of assets, avoidance and recovery of preferences and fraudulent transfers, trading in claims, disclosure statements and the approval process, impairment of creditors’ claims, classification of creditors, and confirmation of a plan of reorganization.

LAW5 610 - (3)
Business Reorganization Under Chapter 11 of the Bankruptcy Code

Corequisite: Bankruptcy or Debtor/Creditor Law
This seminar examines how a business uses Chapter 11 of the Bankruptcy Code through a review of the applicable statutory and case law. Using several hypothetical fact situations, students take a simulated business from the filing through confirmation.

LAW5 611 - (2)
Civil Liberties

Survey and discussion of selected contemporary problems in civil liberties such as freedom of speech, freedom of the press, censorship, religious liberty, rights to citizenship, the right to travel, rights of privacy, academic freedom, and alcohol and drug abuse, using both case law and contemporary writings as base materials. There is some overlap with Constitutional Law II, as to both subject matter and particular cases addressed.

LAW5 612 - (3)
Commodities Regulation

The regulation of “commodities” today mainly encompasses a wide array of financial instruments and other “derivative products” originated more from Wall Street than from the countryside, which are extensively used by corporations, banks, insurance companies, pension plans and other institutional investors to enhance profits or control risks. The federal statute and agency for this area are different from those governing the securities markets. This course examines what these instruments are, how they are used, and the impact on those activities of the Commodity Exchange Act and the Commodity Futures Trading Commission.

LAW5 613 - (3)
Clean Air Act Regulation of Industrial Facilities

Covers a broad array of related environmental issues focused around the Clear Air Act. Topics include the evolution of industrial air pollution regulation, the development of regulations governing major new facilities and modifications from the 1970s to date, including administrative interpretations, a survey of the requirements aimed at emissions from existing facilities, including technology-forcing controls and emissions trading, operating permit requirements under the Act, some coverage of State Implementation Plans under the Act.

LAW5 615 - (3)
Contemporary Legal Thought: The Rule of Law

Explores contemporary trends in legal process and jurisprudence. A theme for the 1994-95 academic year is the rule of law, in all its many elements. We also discuss "constitutionalism and government failure" which broadly explores the interaction between the rule of law and problems in "government failure". Explores these problems in democratic and non-democratic systems and develops a strong case for democratic systems, the rule of law and constraints on government. May also explore a range of constitutional amendments offered in recent years within the U.S. to deal with some of those problems, such as the balanced budget amendment, the line item veto, and term limits.

LAW5 619 - (5)
Criminal Practice Clinic

Prerequisites: Criminal Procedure, Evidence, and Professional Responsibility; third-year student
Designed to provide a controlled setting for a first-hand, experience-based study of the processes, techniques, strategy, and responsibilities of legal representation at the trial level. The casework component of the Clinic engages the students in the supervised representation of defendants in actual criminal cases arising in the local courts. The students themselves—not their supervising attorneys—ordinarily perform all of the lawyering functions associated with their cases, including interviewing, investigation, research, negotiation and courtroom advocacy. Frequent individual supervisory conferences guide the students’ casework and provide an opportunity for the integration of theory and practice.

LAW5 622 - (3)
Criminal Procedure Seminar

Prerequisite: Criminal Procedure recommended; Federal Criminal Law also helpful
Primarily a “nuts and bolts” course in litigation of criminal cases. Considers the basic policy issues involved. Develops a working familiarity with the law and procedural rules governing conduct of a criminal case at the trial court level, and their practical and tactical application. Pretrial and trial stages are covered. Based upon the Federal Rules of Criminal Procedure and comparable provisions of State jurisdictions, and also covers certain provisions of the Federal Rules of Evidence which have particular pertinence to criminal trials.

LAW5 624 - (2)
Foreign Investment in the Former Soviet Union

Explores the legal and regulatory structures effecting foreign investors seeking to participate in the privatization of the former Soviet economy. Topics include: jurisdictional issues effecting real estate and natural resources; forms of foreign investment; local accreditation; the privatization process; intellectual property; import-export regulations; currency regulations; banking; securities and commodities exchanges; taxation; labor law; environmental protection; antitrust issues. Emphasis is placed on primary legal sources (in translation) as well as materials drawn from the professors’ practice in this area.

LAW5 625 - (4)
Corporate Financial Transactions: Principles and Practice

(This is a joint offering at the Law School and the Darden School) Prerequisites: Corporations or CG&F I and any two of the following (of which one may be taken concurrently): Antitrust, Bankruptcy, Corporate Finance, CG&F II, Corporate Tax, Securities Regulation
Provides an opportunity for students to integrate and refine their knowledge and skills from the business-related curriculum, and to learn to make legal decisions in the context of a client’s needs. The class operates in teams; each team will be assigned the role of a specific party to one or more corporate transactions and is responsible for negotiating the structure and terms of the transaction and drafting memoranda and/or transactional documents that serve the client’s needs consistent with legal constraints.

LAW5 626 - (3)
The Legal Vineyard: Principles and Practice of Commercial Contracting

Prerequisites: At least two: Sales, Secured Transactions, Bankruptcy, Corporations
Investigates the commercial relationships that a firm creates throughout its life cycle. Examines the contractual interactions of a fictitious firm—a winery—with its general financiers, other creditors, and customers as the firm seeks capital, begins operations, expands its business, and encounters financial difficulties. Discussions include decisions about organizational form and capital structure, financing contracts, supply contracts, distributorship arrangements, and renegotiation of existing contracts. Also investigates the entire span of commercial relations for a single firm.

LAW5 632 - (4)
Family Law Clinic I

Prerequisite: Participation requires completion of Professional Responsibility and Evidence prior to the second semester of clinic participation; students complete both semesters to receive credit for the clinic
This is a two-semester program. Students have one semester of course work in family law, together with instruction and simulated exercises involving client interviewing and counseling, negotiation and trial advocacy skills, followed by a semester in which the students prepare and present court cases in the courts serving Charlottesville and Albemarle County residents.

LAW5 633 - (2)
Family Law Clinic II

See preceding description.

LAW5 638 - (3)
First Amendment and the Arts

Prerequisite: Constitutional Law I
Focuses on the varied and complex interaction between constitutional protection for freedoms of expression and the creative and performing arts. Issues include the nature of and basis for First Amendment protection for the arts; obscenity and pornography in the arts; special constitutional questions attending the display of controversial works; federal funding for the arts; protection for artist’s work through moral right and other principles; and legal liability for the consequences of artistic expression.

LAW5 640 - (3)
Franchising

A study of the law of franchising which, as a mechanism for the distribution of goods and services, is the fastest-growing form of conducting business in the U.S. Encompasses traditional distribution law topics such as antitrust, trademark licensing, unfair competition, price discrimination, and consumer protection. Provides an opportunity to study a set of recent legislative, administrative and judicial responses to perceived consumer concerns and to the supposed imbalance between the economic power of franchisers and franchises.

LAW5 641 - (3)
Government Contracts Law

Explores the substantive and practical aspects of federal procurement law. Surveys the primary statutory and regulatory rights and remedies of the federal government and contractors. Focuses on the issues, claims, investigations and litigations most frequently encountered in the practice of government contract law. Familiarizes the student with the unique blend of administrative law, contract law and litigation found in the practice of government contract law.

LAW5 642 - (3)
Historic Preservation

Reviews the framework of federal and state legislation and case law dealing with historic preservation in the U.S. and several other countries. Examines private and public means for protecting historically and architecturally significant sites, including historic district ordinances, landmark designation and preservation easements in the light of contemporary constitutional law.

LAW5 643 - (3)
International Criminal Law

Examines selected issues and current problems in the application of criminal laws in the international arena. Topics include jurisdiction over international criminal activities, including diverse crimes such as war crimes, terrorism, narcotics, money laundering, tax and antitrust violations. Some focus is made on white collar crimes involving commercial and securities fraud, as well as computer crime. Forfeiture of assets is considered.

LAW5 645 - (3)
International Arbitration Seminar

Explores the theoretical and the practical aspects of the resolution by arbitration of international commercial disputes. Emphasizes the practical. Case studies are used extensively and students address questions that arise in the arbitration process from the point of view of counsel for the disputing parties. Considers the framework of international law and national laws within which arbitrations take place. Examines principal arbitral rules that may govern international arbitrations, the tribunals in which arbitrations may be held, and the process through which governments and private parties create such rules and tribunals.

LAW5 647 - (1-3) International Human Rights Clinic
Prerequisite: International Human Rights Law
A clinic, run in conjunction with the International Human Rights Law Group of Washington, D.C. Gives first-hand experience in the practice of international human rights law before international, regional and U.S. fora.

LAW5 648 - (3)
Emerging Markets: Principles and Practice

Explores the legal and regulatory structures effecting foreign investors seeking to participate in the development of the so-called “emerging markets,” and in particular, the restructuring of formerly socialist economies. Topics include, forms of foreign investment and commercial transactions, local accreditation, taxation, the privatization process, intellectual property protection, import-export regulations, currency controls, project and conventional financing, banking, the development and regulation of capital markets, securities and commodities exchanges, financing, labor law, environmental protection, and antitrust issues. The core of the seminar is based on an actual investment project involving the development of energy resources in Russia.

LAW5 652 - (3)
Appellate Litigation Clinic

Students brief and argue an appeal before a federal appeals court. The rules and procedure applicable in the federal appellate system are examined. Fundamentals of oral and written appellate advocacy are discussed, with a focus on each student’s individual work project. All students practice oral argument and one per case argues the appeal before the court.

LAW5 662 - (3)
Legislative Drafting and Public Policy

Students draft legislation and supporting documentation on an issue of particular interest to the student. Where possible, students are put in touch with the member of the Office of the Attorney General, General Assembly, or Division of Legislative Services (State legislative drafting office) who is interested in the issue being researched by the student.

LAW5 664 - (3)
Comparative Law

Examines the issues of institutional design and structure that confront the modern legal world. Introduces the student to the fundamental features of different legal systems, especially those in Europe and parts of the developing world. The seminar considers the influence of ideology on law, the reform process, the influence of various models, and the realization of institutional change in constitutional, civil, criminal and administrative law. Also examines the impact of international institutions such as the European Union and the European Court of Human Rights on domestic law.

LAW5 668 - (3)
Negotiation—Mediation

Introduces a broad spectrum of concepts in the study of alternatives to the litigation model for dispute resolution. Basic approaches to negotiation and mediation are explored through a collection of readings and simulation-based exercises conducted both within the class and outside of it. Students conduct negotiation and mediation simulations and participate orally and in writing their own critique. Mediation skills training is conducted over a weekend in the middle of the semester. Barriers to mediation and professional attitudes toward alternative modes of dispute resolution generally are explored in the seminar.

LAW5 670 - (3)
Psychiatry and Civil Practice

This interdisciplinary clinical seminar addresses a variety of issues relating to the assessment of mental disability in a civil practice. Students participate in psychiatric evaluations of persons referred to the University’s Forensic Psychiatry Clinic by their attorneys or by administrative agencies.

LAW5 671 - (3)
Psychiatry and Criminal Law

Focuses on issues of psychiatric and psychological involvement in criminal litigation. The substantive issues examined include the relationship between psychopathology and crime; the insanity defense and other issues of criminal responsibility; competency to stand trial and otherwise participate in the legal process; psychiatric involvement in sentencing proceedings; the constitutional contours of pretrial psychiatric evaluations, and clinicians as expert witnesses in criminal proceedings.

LAW5 672 - (3)
Psychological Aspects of Lawyering

Explores the psychological factors involved in establishing a professional relationship with the client. Discusses and demonstrates the principles and techniques of interviewing. Surveys legal counseling and problem-solving techniques. The range of psychological and emotional factors that can be activated in both the lawyer and the client are explored. Psychological parameters of legal reasoning and the decision-making process are presented in a general survey format and then discussed with respect to the specific lawyering tasks of counseling, negotiation, mediation and advocacy in the adversarial context.

LAW5 675 - (3)
Regulation of Foreign Investment in the United States

Reviews critically some of the ways in which foreign investment in the U.S. is regulated under U.S. law. A number of different federal regulatory agencies, the courts, Congress and the states all play roles in regulating foreign investment, under a variety of legal authorities. Students develop an appreciation for the roles of these institutions, the regulatory tools available to them, the policy goals motivating use of these tools, applicable constraints, including constitutional constraints and the U.S. international obligations, and proposals for reform.

LAW5 677 (3)
Supreme Court Seminar

Prerequisite: Constitutional Law I and Federal Courts
Examines recent decisions of the Supreme Court.

LAW5 680 - (5)
The Prosecution Clinical Program

Prerequisites: Evidence, Criminal Procedure (any course), Professional Responsibility, and Trial Advocacy
Explores a range of practical, interpersonal and intellectual issues in the discharge of prosecutorial functions and responsibilities, including exercise of discretion in the decision to charge, prosecute or drop proceedings; relationships between prosecutors and investigative agencies and law enforcement personnel; handling of cooperating witnesses; dealing with complaining parties and victim witnesses; ethical issues involving inter alia, selection of multiple defendants, witness veracity, and misconduct of various sorts by various actors in the criminal justice system (including law enforcement personnel and prosecuting attorneys); and other matters.

LAW5 685 - (3)
Trial Advocacy

Prerequisite: Evidence
Students are prepared for work in the trial court and for the atmosphere of the courtroom. Extensive use is made of simulated trial episodes. Several phases of trial practice is illustrated, and students are given the opportunity to perform one or more of the functions of trial lawyers on their feet, such as direct and cross examination, opening statements, handling of exhibits, objections and closing argument. Instruction in the practice and technique of advocacy is provided.

LAW5 686 - (2)
Trial Advocacy Institute

Prerequisites: Basic course in Evidence, and either the basic seminar in Trial Advocacy, Criminal Trial Advocacy, the Criminal Practice Clinic or the Family Law Clinic
The institute represents the most advanced advocacy training that the Law School offers, and it is regarded as one of the best programs in the country.

LAW5 694 - (3)
Criminology

Examines the complex ways in which law is used to regulate the level of individual violence in society. Topics include: the uses of criminal law; (e.g., deterrence, incapacitation, rehabilitation), public health law (e.g., gun control, drug and alcohol restrictions), mental health law (e.g., involuntary hospitalization) and tort law (e.g., liability for failure to prevent violence). Legal theory and empirical research receive equal emphasis.

LAW7 601 - (3)
First Amendment Clinic

The clinic is run in conjunction with the Thomas Jefferson Center for Protection of Free Expression, located in Charlottesville. Both litigation and non-litigation projects are undertaken in First Amendment subject areas. While the program does not generally undertake projects involving religion, political campaigns or libel law, a broad range of First Amendment concerns are regularly encountered. Other subjects common in the caseload and publications of the Center include commercial speech and advertising restrictions, freedom of expression in educational settings, issues in broadcasting media, and free expression in the electronic frontier of computer communications and the Internet.


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